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KINDRED v. SPEARS

No. 89-1355.

894 F.2d 1477 (1990)

Gayle DuWayne KINDRED, Petitioner-Appellee, v. Phillip SPEARS, Warden and United States Parole Commission, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

February 28, 1990.

Attorney(s) appearing for the Case

Sharon Gervason, U.S. Parole Com'n, Chevy Chase, Md., Marvin Collins, U.S. Atty., Wayne Hughes, Asst. U.S. Atty., Fort Worth, Tex., for respondents-appellants.

Melvin J. Klein, Melvin J. Klein & Assoc., Dallas, Tex., for petitioner-appellee.

Before GEE, JONES, and SMITH, Circuit Judges:

GEE, Circuit Judge:

This appeal concerns the contours of due process protection afforded a prisoner in his dealings with the Parole Commission. Succinctly, the question before us today is whether or not the Parole Commission is bound to provide contemporaneous reasons for its decisions. We hold that the Federal Parole Statute mandates such a contemporaneous reasoning requirement and that, therefore, the decision of the district court must be affirmed.

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